2006 Legislation
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SENATE BILL NO. 1409 – Senior magistrate judge fund, use

SENATE BILL NO. 1409

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Bill Status



S1409aa..............................................by JUDICIARY AND RULES
SENIOR MAGISTRATE JUDGES FUND - Adds to and amends existing law relating to
the courts to establish the Senior Magistrate Judges Fund to enable the
Idaho Supreme Court to purchase membership service in the Public Employee
Retirement System of Idaho for certain retiring magistrate judges; to
authorize the Idaho Supreme Court to adopt rules; to provide for the
accumulation and investment of moneys in the fund; to increase court fees;
to provide for the deposit of fees into the senior magistrate judges fund;
and to provide application.
                                                                        
02/20    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Jud
02/28    Rpt out - to 14th Ord
    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsor - Darrington
    Title apvd - to House
03/08    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 47-21-2
      AYES -- Anderson, Bastian, Bell, Bilbao, Block, Boe, Bolz, Brackett,
      Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Hart, Henderson, Jaquet,
      Kemp, LeFavour, Martinez, McGeachin, Miller, Mitchell, Nielsen,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24),
      Snodgrass, Trail, Wills, Mr. Speaker
      NAYS -- Andrus, Barraclough, Barrett, Bayer, Bedke, Crow, Garrett,
      Harwood, Henbest, Lake, Loertscher, Mathews, McKague, Moyle, Nonini,
      Roberts, Sali, Shepherd(8), Smylie, Stevenson, Wood
      Absent and excused -- Black, Denney
    Floor Sponsor - Clark
    Title apvd - to Senate
03/24    To enrol
03/27    Rpt enrol - Pres signed
03/28    Sp signed
03/29    To Governor
03/30    Governor signed
         Session Law Chapter 267
         Effective: 07/01/06 for all full-time
         magistrates retiring on or after 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1409
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COURTS; AMENDING CHAPTER 22, TITLE 1, IDAHO CODE, BY THE  ADDITION
  3        OF  A  NEW  SECTION 1-2224, IDAHO CODE, TO ESTABLISH THE SENIOR MAGISTRATE
  4        JUDGES FUND TO ENABLE THE IDAHO SUPREME COURT TO PURCHASE MEMBERSHIP  SER-
  5        VICE  IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO FOR CERTAIN RETIR-
  6        ING MAGISTRATE JUDGES, TO AUTHORIZE THE IDAHO SUPREME COURT TO ADOPT RULES
  7        AND TO PROVIDE FOR THE ACCUMULATION AND INVESTMENT OF MONEYS IN THE  FUND;
  8        AMENDING  SECTION 31-3201A, IDAHO CODE, TO INCREASE COURT FEES AND TO PRO-
  9        VIDE FOR THE DEPOSIT OF FEES; PROVIDING AN EFFECTIVE  DATE  AND  PROVIDING
 10        APPLICATION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  22,  Title  1, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 1-2224, Idaho Code, and to read as follows:
                                                                        
 15        1-2224.  SENIOR MAGISTRATE JUDGES FUND. (1) There is hereby created in the
 16    office  of  the  state  treasurer,  separate and apart from other funds of the
 17    state, a dedicated fund to be known as  the  senior  magistrate  judges  fund.
 18    Moneys  deposited  into  the  fund  pursuant  to section 31-3201A, Idaho Code,
 19    shall, subject to appropriation, be used by the Idaho supreme  court  to  pur-
 20    chase  up to a maximum of forty-eight (48) months of membership service in the
 21    public employee retirement system of Idaho under section 59-1363, Idaho  Code,
 22    for retiring magistrate judges of the district court who hold office under the
 23    provisions  of  chapter  22, title 1, Idaho Code, at the time of their retire-
 24    ment. The supreme  court's  purchase  of  membership  service  in  the  public
 25    employee  retirement  system  of  Idaho  under  this  section  shall  also  be
 26    restricted  by  any  applicable  purchase  limits  established  by  the public
 27    employee retirement system of Idaho or by the United States  internal  revenue
 28    service  relating  to  a person's three (3) year average salary at the time of
 29    retirement.
 30        (2)  The actual number of months of membership service the  supreme  court
 31    may purchase on behalf of a person shall be based upon the period of full-time
 32    service provided to the judicial department by that person prior to retirement
 33    and the person's willingness to perform service as a senior judge if he or she
 34    is  designated  a senior judge by the supreme court pursuant to section 1-2005
 35    or 1-2221, Idaho Code.
 36        (3)  The supreme court may adopt rules for the application and implementa-
 37    tion of subsections (1) and (2) of this section including, but not limited to,
 38    establishing eligibility requirements and a formula, criteria  and  procedures
 39    for determining the number of months of membership service the court will pur-
 40    chase on behalf of a person.
 41        (4)  Moneys deposited into the fund may be allowed to accumulate from year
 42    to year for the purposes set forth in this section, and all interest earned on
 43    the  investment  of  idle  moneys  in the fund by the state treasurer shall be
                                                                        
                                           2
                                                                        
  1    returned to the fund.
                                                                        
  2        SECTION 2.  That Section 31-3201A, Idaho Code, be, and the same is  hereby
  3    amended to read as follows:
                                                                        
  4        31-3201A.  COURT  FEES. The clerk of the district court in addition to the
  5    fees and charges imposed by chapter 20, title 1, Idaho Code, and  in  addition
  6    to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
  7    receive  the  following  fees  for services rendered by him in discharging the
  8    duties imposed upon him by law;
  9        (a)  A fee of forty-four fifty  dollars ($4450.00) for filing a civil case
 10    of any type in the district court or in the magistrate's division of the  dis-
 11    trict  court  including  cases  involving  the  administration  of  decedents'
 12    estates, whether testate or intestate, and conservatorships of the  person  or
 13    of the estate or both with the following exceptions:
 14        The  filing  fee  shall  be twenty-twoeight dollars ($228.00) in each case
 15    where the amount of money or damages or the value of personal property claimed
 16    does not exceed three hundred dollars ($300). The filing fee shall be  twenty-
 17    four thirty dollars  ($2430.00) in the following types of cases:
 18        (1)  Where  the  amount of money or damages or the value of personal prop-
 19        erty claimed exceeds three hundred dollars ($300) but does not exceed  one
 20        thousand dollars ($1,000);
 21        (2)  Where  a  case  is brought for forcible or unlawful entry or detainer
 22        whether brought for rent or possession  or  both  and  regardless  of  the
 23        amount;
 24        (3)  Where  a  case is brought under chapter 20, title 16, Idaho Code, for
 25        the termination of parent-child relationship;
 26        (4)  Where a case is brought under chapter 2, title 32,  Idaho  Code,  for
 27        permission to marry;
 28        (5)  Where  a  case involving the administration of a decedent's estate is
 29        brought under the summary administration of small estates act;
 30        (6)  In cases where a court order is issued only for  a  certain  specific
 31        reason  other than the administering of an estate, including, but not lim-
 32        ited to, proceedings  brought  under  sections  14-114,  15-514,  15-1401,
 33        15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
 34        (7)  In cases brought to determine heirship without administration;
 35        (8)  In cases brought to determine inheritance or transfer tax;
 36        (9)  In proceedings brought for adoption;
 37        (10) In  proceedings  brought for letters of guardianship of the person or
 38        of the estate or both.
 39        No filing fee shall be charged in the following types of cases:
 40        (1)  In cases brought under chapter 3, title 66, Idaho Code,  for  commit-
 41        ment of mentally ill persons;
 42        (2)  In cases brought under the juvenile corrections act;
 43        (3)  In cases brought under the child protective act.
 44        In all cases in which a filing fee of forty-four fifty dollars  ($4450.00)
 45    is  paid,  seventeen  dollars ($17.00) of such filing fee shall be paid to the
 46    county treasurer for deposit in  the district court fund of  the  county;  ten
 47    dollars  ($10.00) of such filing fee shall be paid to the county treasurer who
 48    shall, within five (5) days after the end of the month, pay such fees  to  the
 49    state  treasurer  for  deposit  into the ISTARS technology fund; and seventeen
 50    dollars ($17.00) of such filing fee shall be paid to the county treasurer  who
 51    shall pay such fees to the state treasurer for deposit in accordance with sub-
 52    section  (p) of this section; and six dollars ($6.00) of such filing fee shall
 53    be paid to the county treasurer who shall, within five (5) days after the  end
                                                                        
                                           3
                                                                        
  1    of  the  month, pay such fees to the state treasurer for deposit in the senior
  2    magistrate judges fund. In all cases in which  a  filing  fee  of  twenty-four
  3    thirty  dollars  ($2430.00)  is  paid, four dollars ($4.00) of such filing fee
  4    shall be paid to the county treasurer for deposit in the district  court  fund
  5    of  the  county;  ten dollars ($10.00) of such filing fee shall be paid to the
  6    county treasurer who shall, within five (5) days after the end of  the  month,
  7    pay  such  fees  to the state treasurer for deposit into the ISTARS technology
  8    fund; and ten dollars ($10.00) of such filing fee shall be paid to the  county
  9    treasurer who shall pay such fees to the state treasurer for deposit in accor-
 10    dance  with  subsection  (p)  of this section; and six dollars ($6.00) of such
 11    filing fee shall be paid to the county treasurer who shall,  within  five  (5)
 12    days  after  the  end  of  the month, pay such fees to the state treasurer for
 13    deposit in the senior magistrate judges fund. In all cases in which  a  filing
 14    fee  of  twenty-twoeight  dollars  ($228.00) is paid, three dollars ($3.00) of
 15    such filing fee shall be paid to the county treasurer for deposit in the  dis-
 16    trict  court fund of the county; ten dollars ($10.00) of such filing fee shall
 17    be paid to the county treasurer who shall, within five (5) days after the  end
 18    of the month, pay such fees to the state treasurer for deposit into the ISTARS
 19    technology  fund; and nine dollars ($9.00) of such filing fee shall be paid to
 20    the county treasurer who shall pay  such  fees  to  the  state  treasurer  for
 21    deposit  in  accordance  with  subsection (p) of this section; and six dollars
 22    ($6.00) of such filing fee shall be paid to the county  treasurer  who  shall,
 23    within  five  (5)  days after the end of the month, pay such fees to the state
 24    treasurer for deposit in the senior magistrate judges fund.
 25        (b)  A fee of seventeen dollars and fifty cents ($17.50)  shall  be  paid,
 26    but  not in advance, by each person found guilty of any felony or misdemeanor,
 27    except when the court orders such fee waived because the  person  is  indigent
 28    and unable to pay such fee. If the magistrate court facilities are provided by
 29    the county, five dollars ($5.00) of such fee shall be paid to the county trea-
 30    surer for deposit in the district court fund of the county; and twelve dollars
 31    and fifty cents ($12.50) of such fee shall be paid to the county treasurer who
 32    shall pay such fees to the state treasurer for deposit in accordance with sub-
 33    section  (p)  of this section. If the magistrate court facilities are provided
 34    by a city, five dollars ($5.00) of such fee shall be paid to  the  city  trea-
 35    surer  for  deposit  in  the  city  general  fund, two dollars and fifty cents
 36    ($2.50) of such fee shall be paid to the city treasurer  for  deposit  in  the
 37    city  capital  facilities fund for the construction, remodeling and support of
 38    magistrates court facilities, and ten dollars ($10.00) of such  fee  shall  be
 39    paid  to  the  county treasurer who shall pay such fees to the state treasurer
 40    for deposit in accordance with subsection (p) of this section.
 41        (c)  A fee of sixteen dollars and fifty cents ($16.50) shall be paid,  but
 42    not  in  advance,  by each person found to have committed an infraction or any
 43    minor traffic, conservation or ordinance violation; provided that the judge or
 44    magistrate may in his or her discretion consolidate separate nonmoving traffic
 45    offenses into one (1) offense for purposes of assessing such fee. If the  mag-
 46    istrate  court  facilities are provided by the county, five dollars ($5.00) of
 47    such fee shall be paid to the county treasurer for  deposit  in  the  district
 48    court  fund of the county; and eleven dollars and fifty cents ($11.50) of such
 49    fee shall be paid to the county treasurer, who shall  pay  such  fees  to  the
 50    state treasurer for deposit in accordance with subsection (p) of this section.
 51    If  the  magistrate  court  facilities  are  provided  by a city, five dollars
 52    ($5.00) of such fee shall be paid to the city treasurer  for  deposit  in  the
 53    city  general  fund,  two dollars and fifty cents ($2.50) of such fee shall be
 54    paid to the city treasurer for deposit in the city capital facilities fund for
 55    the construction, remodeling and support of magistrate court  facilities,  and
                                                                        
                                           4
                                                                        
  1    nine  dollars  ($9.00)  of  such fee shall be paid to the county treasurer who
  2    shall pay such fees to the state treasurer for deposit in accordance with sub-
  3    section (p) of this section.
  4        (d)  A fee of twenty-four thirty dollars ($2430.00) shall be paid  by  any
  5    party,  except  the plaintiff, making an appearance in any civil action in the
  6    district court  or in the magistrate's division of the district court. Of such
  7    fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in
  8    the district court fund of the county; ten dollars ($10.00) of such fee  shall
  9    be  paid to the county treasurer who shall, within five (5) days after the end
 10    of the month, pay such fees to the state treasurer for deposit into the ISTARS
 11    technology fund; and ten dollars ($10.00) of such fee shall  be  paid  to  the
 12    county treasurer who shall pay such fees to the state treasurer for deposit in
 13    accordance  with  subsection  (p)  of this section; and six dollars ($6.00) of
 14    such fee shall be paid to the county treasurer who shall, within five (5) days
 15    after the end of the month, pay such fees to the state treasurer  for  deposit
 16    in the senior magistrate judges fund.
 17        (e)  A  fee of nine dollars ($9.00) shall be paid by the person or persons
 18    required to make an account pursuant to either chapter 11 or chapter 18, title
 19    15, Idaho Code, at the time such account is filed. All of such  fee  shall  be
 20    paid  to  the  county  treasurer for deposit in the district court fund of the
 21    county.
 22        (f)  A fee of nineteen twenty-five dollars ($1925.00) shall be  paid  upon
 23    the  filing  of  a  petition of the executor or administrator or of any person
 24    interested in an estate for the  distribution  of  such  estate,  six  dollars
 25    ($6.00)  of  such fee shall be paid to the county treasurer for deposit in the
 26    district court fund of the county; and thirteen dollars ($13.00) of  such  fee
 27    shall  be  paid  to  the county treasurer who shall pay such fees to the state
 28    treasurer for deposit in accordance with subsection (p) of this  section;  and
 29    six  dollars  ($6.00)  of  such  fee shall be paid to the county treasurer who
 30    shall, within five (5) days after the end of the month, pay such fees  to  the
 31    state treasurer for deposit in the senior magistrate judges fund.
 32        (g)  A  fee of seven thirteen dollars ($713.00) shall be paid by an inter-
 33    venor upon making an appearance in any civil action in the district  court  or
 34    in the  magistrate's division of the district court. All Seven dollars ($7.00)
 35    of  such fee shall be paid to the county treasurer for deposit in the district
 36    court fund of the county; and six dollars ($6.00) of such fee shall be paid to
 37    the county treasurer who shall, within five (5) days  after  the  end  of  the
 38    month,  pay  such fees to the state treasurer for deposit in the senior magis-
 39    trate judges fund.
 40        (h)  A fee of eight fourteen dollars ($814.00) shall be paid  by  a  party
 41    filing  a  third party claim as defined in the Idaho Rules of Civil Procedure.
 42    All Eight dollars ($8.00) of such fee shall be paid to  the  county  treasurer
 43    for  deposit in the district court fund of the county; and six dollars ($6.00)
 44    of such fee shall be paid to the county treasurer who shall, within  five  (5)
 45    days  after  the  end  of  the month, pay such fees to the state treasurer for
 46    deposit in the senior magistrate judges fund.
 47        (i)  A fee of eight fourteen dollars ($814.00) shall be paid by any  party
 48    filing  a  cross-claim. All Eight dollars ($8.00) of such fee shall be paid to
 49    the county treasurer for deposit in the district court fund of the county; and
 50    six dollars ($6.00) of such fee shall be paid  to  the  county  treasurer  who
 51    shall,  within  five (5) days after the end of the month, pay such fees to the
 52    state treasurer for deposit in the senior magistrate judges fund.
 53        (j)  A fee of nine dollars ($9.00) shall be paid by a party  initiating  a
 54    change  of  venue.  Such  fee  shall  be paid to the clerk of the court of the
 55    county to which venue is changed. All of such fee shall be paid to the  county
                                                                        
                                           5
                                                                        
  1    treasurer for deposit in the district court fund of the county.
  2        (k)  A  fee  of  nine fifteen dollars ($915.00) shall be paid by any party
  3    appearing after judgment or applying  to  reopen  a  case.  All  Nine  dollars
  4    ($9.00)  of  such fee shall be paid to the county treasurer for deposit in the
  5    district court fund of the county; and six dollars ($6.00) of such  fee  shall
  6    be  paid to the county treasurer who shall, within five (5) days after the end
  7    of the month, pay such fees to the state treasurer for deposit in  the  senior
  8    magistrate  judges  fund.  A fee of thirty-twoeight dollars ($328.00) shall be
  9    paid by a party applying to reopen  a  divorce  action  or  modify  a  divorce
 10    decree,  with  all  seventeen dollars ($17.00) of the fee to be distributed in
 11    the same manner as the fee provided for in subsection (a) of this  section  is
 12    distributed  paid  to  the  county treasurer for deposit in the district court
 13    fund of the county; fifteen dollars ($15.00) of such fee to  be  paid  to  the
 14    county treasurer who shall pay such fees to the state treasurer for deposit in
 15    accordance  with  subsection  (p)  of this section; and six dollars ($6.00) of
 16    such fee to be paid to the county treasurer who shall, within  five  (5)  days
 17    after  the  end of the month, pay such fees to the state treasurer for deposit
 18    in the senior magistrate judges fund.
 19        (l)  A fee of nine fifteen dollars ($915.00) shall be paid by a party tak-
 20    ing an appeal from the magistrate's division of the district court to the dis-
 21    trict court; and six dollars of such fee shall be paid to the county treasurer
 22    who shall, within five (5) days after the end of the month, pay such  fees  to
 23    the state treasurer for deposit in the senior magistrate judges fund. No addi-
 24    tional  fee shall be required if a new trial is granted. All of such fee shall
 25    be paid to the county treasurer for deposit in the district court fund of  the
 26    county.
 27        (m)  A  fee  of  nine fifteen dollars ($915.00) shall be paid by the party
 28    taking an appeal from the district court to the supreme  court  for  comparing
 29    and  certifying the transcript on appeal, if such certificate is required. All
 30    Nine dollars ($9.00) of such fee shall be paid to  the  county  treasurer  for
 31    deposit  in  the district court fund of the county; and six dollars ($6.00) of
 32    such fee shall be paid to the county treasurer who shall, within five (5) days
 33    after the end of the month, pay such fees to the state treasurer  for  deposit
 34    in the senior magistrate judges fund.
 35        (n)  Fees  not covered by this section shall be set by rule or administra-
 36    tive order of the supreme court.
 37        (o)  All fees required to be paid by this section or by rule  or  adminis-
 38    trative order of the supreme court shall be collected by the clerk of the dis-
 39    trict  court  or  by a person appointed by the clerk of the district court for
 40    this purpose. If it appears that there is a necessity for such fees to be col-
 41    lected by persons other than the clerk of the district court or a person  des-
 42    ignated  by  the clerk for such purpose, the supreme court by rule or adminis-
 43    trative order may provide for the designation of persons authorized to receive
 44    such fees. Persons so designated shall account for such fees in the same  man-
 45    ner required of the clerk of the district court and shall pay such fees to the
 46    clerk of the district court of the county in which such fees are collected.
 47        (p)  That  portion of the filing fees required to be remitted to the state
 48    treasurer for deposit pursuant to subsections (a), (b), (c), (d)  and  (f)  of
 49    this  section  shall be apportioned eighty-six percent (86%) to the state gen-
 50    eral fund and fourteen percent (14%)  to  the  peace  officers  standards  and
 51    training  fund authorized in section 19-5116, Idaho Code, within five (5) days
 52    after the end of the month in which such fees  were  remitted  to  the  county
 53    treasurer.  That  portion of the filing fees required to be remitted to a city
 54    treasurer for deposit in the city's general fund shall be remitted within five
 55    (5) days after the end of the month in which such fees were  remitted  to  the
                                                                        
                                           6
                                                                        
  1    county treasurer.
  2        (q)  Of the fees derived from the filing of any divorce action required to
  3    be  transmitted to the state treasurer, the county treasurer shall retain five
  4    dollars ($5.00), which shall be separately identified  and  deposited  in  the
  5    district  court  fund of the county. Such moneys shall be used exclusively for
  6    the purpose of establishing a uniform system of qualifying and approving  per-
  7    sons, agencies or organizations to conduct evaluations of persons convicted of
  8    domestic assault or battery as provided in section 18-918, Idaho Code, and the
  9    administration  of  section  18-918(7), Idaho Code, relating to the evaluation
 10    and counseling or other treatment of such persons, including  the  payment  of
 11    the  costs  of  evaluating  and  counseling  or other treatment of an indigent
 12    defendant. No provision of chapter 52, title 39, Idaho Code,  shall  apply  to
 13    the moneys provided for in this subsection.
 14        (r)  In  consideration  of  the  aforesaid  fees the clerk of the district
 15    court shall be required to perform all lawful service that may be required  of
 16    him  by any party thereto; provided, that he shall not prepare and furnish any
 17    certified copy of any file or record in an action except printed transcript on
 18    appeal, without additional compensation as provided by law.
                                                                        
 19        SECTION 3.  This act shall be in full force and effect on and  after  July
 20    1,  2006, and shall apply only to full-time magistrate judges who retire on or
 21    after July 1, 2006.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Darrington          
                                                                        
                                                     Seconded by Bunderson           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1409
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines  26  through  29  and  insert:
  3    "restricted  by any applicable limits and requirements established by the pub-
  4    lic employee retirement system of Idaho and by the United States internal rev-
  5    enue service.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1409, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COURTS; AMENDING CHAPTER 22, TITLE 1, IDAHO CODE, BY THE  ADDITION
  3        OF  A  NEW  SECTION 1-2224, IDAHO CODE, TO ESTABLISH THE SENIOR MAGISTRATE
  4        JUDGES FUND TO ENABLE THE IDAHO SUPREME COURT TO PURCHASE MEMBERSHIP  SER-
  5        VICE  IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO FOR CERTAIN RETIR-
  6        ING MAGISTRATE JUDGES, TO AUTHORIZE THE IDAHO SUPREME COURT TO ADOPT RULES
  7        AND TO PROVIDE FOR THE ACCUMULATION AND INVESTMENT OF MONEYS IN THE  FUND;
  8        AMENDING  SECTION 31-3201A, IDAHO CODE, TO INCREASE COURT FEES AND TO PRO-
  9        VIDE FOR THE DEPOSIT OF FEES; PROVIDING AN EFFECTIVE  DATE  AND  PROVIDING
 10        APPLICATION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  22,  Title  1, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 1-2224, Idaho Code, and to read as follows:
                                                                        
 15        1-2224.  SENIOR MAGISTRATE JUDGES FUND. (1) There is hereby created in the
 16    office  of  the  state  treasurer,  separate and apart from other funds of the
 17    state, a dedicated fund to be known as  the  senior  magistrate  judges  fund.
 18    Moneys  deposited  into  the  fund  pursuant  to section 31-3201A, Idaho Code,
 19    shall, subject to appropriation, be used by the Idaho supreme  court  to  pur-
 20    chase  up to a maximum of forty-eight (48) months of membership service in the
 21    public employee retirement system of Idaho under section 59-1363, Idaho  Code,
 22    for retiring magistrate judges of the district court who hold office under the
 23    provisions  of  chapter  22, title 1, Idaho Code, at the time of their retire-
 24    ment. The supreme  court's  purchase  of  membership  service  in  the  public
 25    employee  retirement  system  of  Idaho  under  this  section  shall  also  be
 26    restricted by any applicable limits and requirements established by the public
 27    employee  retirement system of Idaho and by the United States internal revenue
 28    service.
 29        (2)  The actual number of months of membership service the  supreme  court
 30    may purchase on behalf of a person shall be based upon the period of full-time
 31    service provided to the judicial department by that person prior to retirement
 32    and the person's willingness to perform service as a senior judge if he or she
 33    is  designated  a senior judge by the supreme court pursuant to section 1-2005
 34    or 1-2221, Idaho Code.
 35        (3)  The supreme court may adopt rules for the application and implementa-
 36    tion of subsections (1) and (2) of this section including, but not limited to,
 37    establishing eligibility requirements and a formula, criteria  and  procedures
 38    for determining the number of months of membership service the court will pur-
 39    chase on behalf of a person.
 40        (4)  Moneys deposited into the fund may be allowed to accumulate from year
 41    to year for the purposes set forth in this section, and all interest earned on
 42    the  investment  of  idle  moneys  in the fund by the state treasurer shall be
 43    returned to the fund.
                                                                        
                                           2
                                                                        
  1        SECTION 2.  That Section 31-3201A, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        31-3201A.  COURT  FEES. The clerk of the district court in addition to the
  4    fees and charges imposed by chapter 20, title 1, Idaho Code, and  in  addition
  5    to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
  6    receive  the  following  fees  for services rendered by him in discharging the
  7    duties imposed upon him by law;
  8        (a)  A fee of forty-four fifty  dollars ($4450.00) for filing a civil case
  9    of any type in the district court or in the magistrate's division of the  dis-
 10    trict  court  including  cases  involving  the  administration  of  decedents'
 11    estates, whether testate or intestate, and conservatorships of the  person  or
 12    of the estate or both with the following exceptions:
 13        The  filing  fee  shall  be twenty-twoeight dollars ($228.00) in each case
 14    where the amount of money or damages or the value of personal property claimed
 15    does not exceed three hundred dollars ($300). The filing fee shall be  twenty-
 16    four thirty dollars  ($2430.00) in the following types of cases:
 17        (1)  Where  the  amount of money or damages or the value of personal prop-
 18        erty claimed exceeds three hundred dollars ($300) but does not exceed  one
 19        thousand dollars ($1,000);
 20        (2)  Where  a  case  is brought for forcible or unlawful entry or detainer
 21        whether brought for rent or possession  or  both  and  regardless  of  the
 22        amount;
 23        (3)  Where  a  case is brought under chapter 20, title 16, Idaho Code, for
 24        the termination of parent-child relationship;
 25        (4)  Where a case is brought under chapter 2, title 32,  Idaho  Code,  for
 26        permission to marry;
 27        (5)  Where  a  case involving the administration of a decedent's estate is
 28        brought under the summary administration of small estates act;
 29        (6)  In cases where a court order is issued only for  a  certain  specific
 30        reason  other than the administering of an estate, including, but not lim-
 31        ited to, proceedings  brought  under  sections  14-114,  15-514,  15-1401,
 32        15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
 33        (7)  In cases brought to determine heirship without administration;
 34        (8)  In cases brought to determine inheritance or transfer tax;
 35        (9)  In proceedings brought for adoption;
 36        (10) In  proceedings  brought for letters of guardianship of the person or
 37        of the estate or both.
 38        No filing fee shall be charged in the following types of cases:
 39        (1)  In cases brought under chapter 3, title 66, Idaho Code,  for  commit-
 40        ment of mentally ill persons;
 41        (2)  In cases brought under the juvenile corrections act;
 42        (3)  In cases brought under the child protective act.
 43        In all cases in which a filing fee of forty-four fifty dollars  ($4450.00)
 44    is  paid,  seventeen  dollars ($17.00) of such filing fee shall be paid to the
 45    county treasurer for deposit in  the district court fund of  the  county;  ten
 46    dollars  ($10.00) of such filing fee shall be paid to the county treasurer who
 47    shall, within five (5) days after the end of the month, pay such fees  to  the
 48    state  treasurer  for  deposit  into the ISTARS technology fund; and seventeen
 49    dollars ($17.00) of such filing fee shall be paid to the county treasurer  who
 50    shall pay such fees to the state treasurer for deposit in accordance with sub-
 51    section  (p) of this section; and six dollars ($6.00) of such filing fee shall
 52    be paid to the county treasurer who shall, within five (5) days after the  end
 53    of  the  month, pay such fees to the state treasurer for deposit in the senior
 54    magistrate judges fund. In all cases in which  a  filing  fee  of  twenty-four
                                                                        
                                           3
                                                                        
  1    thirty  dollars  ($2430.00)  is  paid, four dollars ($4.00) of such filing fee
  2    shall be paid to the county treasurer for deposit in the district  court  fund
  3    of  the  county;  ten dollars ($10.00) of such filing fee shall be paid to the
  4    county treasurer who shall, within five (5) days after the end of  the  month,
  5    pay  such  fees  to the state treasurer for deposit into the ISTARS technology
  6    fund; and ten dollars ($10.00) of such filing fee shall be paid to the  county
  7    treasurer who shall pay such fees to the state treasurer for deposit in accor-
  8    dance  with  subsection  (p)  of this section; and six dollars ($6.00) of such
  9    filing fee shall be paid to the county treasurer who shall,  within  five  (5)
 10    days  after  the  end  of  the month, pay such fees to the state treasurer for
 11    deposit in the senior magistrate judges fund. In all cases in which  a  filing
 12    fee  of  twenty-twoeight  dollars  ($228.00) is paid, three dollars ($3.00) of
 13    such filing fee shall be paid to the county treasurer for deposit in the  dis-
 14    trict  court fund of the county; ten dollars ($10.00) of such filing fee shall
 15    be paid to the county treasurer who shall, within five (5) days after the  end
 16    of the month, pay such fees to the state treasurer for deposit into the ISTARS
 17    technology  fund; and nine dollars ($9.00) of such filing fee shall be paid to
 18    the county treasurer who shall pay  such  fees  to  the  state  treasurer  for
 19    deposit  in  accordance  with  subsection (p) of this section; and six dollars
 20    ($6.00) of such filing fee shall be paid to the county  treasurer  who  shall,
 21    within  five  (5)  days after the end of the month, pay such fees to the state
 22    treasurer for deposit in the senior magistrate judges fund.
 23        (b)  A fee of seventeen dollars and fifty cents ($17.50)  shall  be  paid,
 24    but  not in advance, by each person found guilty of any felony or misdemeanor,
 25    except when the court orders such fee waived because the  person  is  indigent
 26    and unable to pay such fee. If the magistrate court facilities are provided by
 27    the county, five dollars ($5.00) of such fee shall be paid to the county trea-
 28    surer for deposit in the district court fund of the county; and twelve dollars
 29    and fifty cents ($12.50) of such fee shall be paid to the county treasurer who
 30    shall pay such fees to the state treasurer for deposit in accordance with sub-
 31    section  (p)  of this section. If the magistrate court facilities are provided
 32    by a city, five dollars ($5.00) of such fee shall be paid to  the  city  trea-
 33    surer  for  deposit  in  the  city  general  fund, two dollars and fifty cents
 34    ($2.50) of such fee shall be paid to the city treasurer  for  deposit  in  the
 35    city  capital  facilities fund for the construction, remodeling and support of
 36    magistrates court facilities, and ten dollars ($10.00) of such  fee  shall  be
 37    paid  to  the  county treasurer who shall pay such fees to the state treasurer
 38    for deposit in accordance with subsection (p) of this section.
 39        (c)  A fee of sixteen dollars and fifty cents ($16.50) shall be paid,  but
 40    not  in  advance,  by each person found to have committed an infraction or any
 41    minor traffic, conservation or ordinance violation; provided that the judge or
 42    magistrate may in his or her discretion consolidate separate nonmoving traffic
 43    offenses into one (1) offense for purposes of assessing such fee. If the  mag-
 44    istrate  court  facilities are provided by the county, five dollars ($5.00) of
 45    such fee shall be paid to the county treasurer for  deposit  in  the  district
 46    court  fund of the county; and eleven dollars and fifty cents ($11.50) of such
 47    fee shall be paid to the county treasurer, who shall  pay  such  fees  to  the
 48    state treasurer for deposit in accordance with subsection (p) of this section.
 49    If  the  magistrate  court  facilities  are  provided  by a city, five dollars
 50    ($5.00) of such fee shall be paid to the city treasurer  for  deposit  in  the
 51    city  general  fund,  two dollars and fifty cents ($2.50) of such fee shall be
 52    paid to the city treasurer for deposit in the city capital facilities fund for
 53    the construction, remodeling and support of magistrate court  facilities,  and
 54    nine  dollars  ($9.00)  of  such fee shall be paid to the county treasurer who
 55    shall pay such fees to the state treasurer for deposit in accordance with sub-
                                                                        
                                           4
                                                                        
  1    section (p) of this section.
  2        (d)  A fee of twenty-four thirty dollars ($2430.00) shall be paid  by  any
  3    party,  except  the plaintiff, making an appearance in any civil action in the
  4    district court  or in the magistrate's division of the district court. Of such
  5    fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in
  6    the district court fund of the county; ten dollars ($10.00) of such fee  shall
  7    be  paid to the county treasurer who shall, within five (5) days after the end
  8    of the month, pay such fees to the state treasurer for deposit into the ISTARS
  9    technology fund; and ten dollars ($10.00) of such fee shall  be  paid  to  the
 10    county treasurer who shall pay such fees to the state treasurer for deposit in
 11    accordance  with  subsection  (p)  of this section; and six dollars ($6.00) of
 12    such fee shall be paid to the county treasurer who shall, within five (5) days
 13    after the end of the month, pay such fees to the state treasurer  for  deposit
 14    in the senior magistrate judges fund.
 15        (e)  A  fee of nine dollars ($9.00) shall be paid by the person or persons
 16    required to make an account pursuant to either chapter 11 or chapter 18, title
 17    15, Idaho Code, at the time such account is filed. All of such  fee  shall  be
 18    paid  to  the  county  treasurer for deposit in the district court fund of the
 19    county.
 20        (f)  A fee of nineteen twenty-five dollars ($1925.00) shall be  paid  upon
 21    the  filing  of  a  petition of the executor or administrator or of any person
 22    interested in an estate for the  distribution  of  such  estate,  six  dollars
 23    ($6.00)  of  such fee shall be paid to the county treasurer for deposit in the
 24    district court fund of the county; and thirteen dollars ($13.00) of  such  fee
 25    shall  be  paid  to  the county treasurer who shall pay such fees to the state
 26    treasurer for deposit in accordance with subsection (p) of this  section;  and
 27    six  dollars  ($6.00)  of  such  fee shall be paid to the county treasurer who
 28    shall, within five (5) days after the end of the month, pay such fees  to  the
 29    state treasurer for deposit in the senior magistrate judges fund.
 30        (g)  A  fee of seven thirteen dollars ($713.00) shall be paid by an inter-
 31    venor upon making an appearance in any civil action in the district  court  or
 32    in the  magistrate's division of the district court. All Seven dollars ($7.00)
 33    of  such fee shall be paid to the county treasurer for deposit in the district
 34    court fund of the county; and six dollars ($6.00) of such fee shall be paid to
 35    the county treasurer who shall, within five (5) days  after  the  end  of  the
 36    month,  pay  such fees to the state treasurer for deposit in the senior magis-
 37    trate judges fund.
 38        (h)  A fee of eight fourteen dollars ($814.00) shall be paid  by  a  party
 39    filing  a  third party claim as defined in the Idaho Rules of Civil Procedure.
 40    All Eight dollars ($8.00) of such fee shall be paid to  the  county  treasurer
 41    for  deposit in the district court fund of the county; and six dollars ($6.00)
 42    of such fee shall be paid to the county treasurer who shall, within  five  (5)
 43    days  after  the  end  of  the month, pay such fees to the state treasurer for
 44    deposit in the senior magistrate judges fund.
 45        (i)  A fee of eight fourteen dollars ($814.00) shall be paid by any  party
 46    filing  a  cross-claim. All Eight dollars ($8.00) of such fee shall be paid to
 47    the county treasurer for deposit in the district court fund of the county; and
 48    six dollars ($6.00) of such fee shall be paid  to  the  county  treasurer  who
 49    shall,  within  five (5) days after the end of the month, pay such fees to the
 50    state treasurer for deposit in the senior magistrate judges fund.
 51        (j)  A fee of nine dollars ($9.00) shall be paid by a party  initiating  a
 52    change  of  venue.  Such  fee  shall  be paid to the clerk of the court of the
 53    county to which venue is changed. All of such fee shall be paid to the  county
 54    treasurer for deposit in the district court fund of the county.
 55        (k)  A  fee  of  nine fifteen dollars ($915.00) shall be paid by any party
                                                                        
                                           5
                                                                        
  1    appearing after judgment or applying  to  reopen  a  case.  All  Nine  dollars
  2    ($9.00)  of  such fee shall be paid to the county treasurer for deposit in the
  3    district court fund of the county; and six dollars ($6.00) of such  fee  shall
  4    be  paid to the county treasurer who shall, within five (5) days after the end
  5    of the month, pay such fees to the state treasurer for deposit in  the  senior
  6    magistrate  judges  fund.  A fee of thirty-twoeight dollars ($328.00) shall be
  7    paid by a party applying to reopen  a  divorce  action  or  modify  a  divorce
  8    decree,  with  all  seventeen dollars ($17.00) of the fee to be distributed in
  9    the same manner as the fee provided for in subsection (a) of this  section  is
 10    distributed  paid  to  the  county treasurer for deposit in the district court
 11    fund of the county; fifteen dollars ($15.00) of such fee to  be  paid  to  the
 12    county treasurer who shall pay such fees to the state treasurer for deposit in
 13    accordance  with  subsection  (p)  of this section; and six dollars ($6.00) of
 14    such fee to be paid to the county treasurer who shall, within  five  (5)  days
 15    after  the  end of the month, pay such fees to the state treasurer for deposit
 16    in the senior magistrate judges fund.
 17        (l)  A fee of nine fifteen dollars ($915.00) shall be paid by a party tak-
 18    ing an appeal from the magistrate's division of the district court to the dis-
 19    trict court; and six dollars of such fee shall be paid to the county treasurer
 20    who shall, within five (5) days after the end of the month, pay such  fees  to
 21    the state treasurer for deposit in the senior magistrate judges fund. No addi-
 22    tional  fee shall be required if a new trial is granted. All of such fee shall
 23    be paid to the county treasurer for deposit in the district court fund of  the
 24    county.
 25        (m)  A  fee  of  nine fifteen dollars ($915.00) shall be paid by the party
 26    taking an appeal from the district court to the supreme  court  for  comparing
 27    and  certifying the transcript on appeal, if such certificate is required. All
 28    Nine dollars ($9.00) of such fee shall be paid to  the  county  treasurer  for
 29    deposit  in  the district court fund of the county; and six dollars ($6.00) of
 30    such fee shall be paid to the county treasurer who shall, within five (5) days
 31    after the end of the month, pay such fees to the state treasurer  for  deposit
 32    in the senior magistrate judges fund.
 33        (n)  Fees  not covered by this section shall be set by rule or administra-
 34    tive order of the supreme court.
 35        (o)  All fees required to be paid by this section or by rule  or  adminis-
 36    trative order of the supreme court shall be collected by the clerk of the dis-
 37    trict  court  or  by a person appointed by the clerk of the district court for
 38    this purpose. If it appears that there is a necessity for such fees to be col-
 39    lected by persons other than the clerk of the district court or a person  des-
 40    ignated  by  the clerk for such purpose, the supreme court by rule or adminis-
 41    trative order may provide for the designation of persons authorized to receive
 42    such fees. Persons so designated shall account for such fees in the same  man-
 43    ner required of the clerk of the district court and shall pay such fees to the
 44    clerk of the district court of the county in which such fees are collected.
 45        (p)  That  portion of the filing fees required to be remitted to the state
 46    treasurer for deposit pursuant to subsections (a), (b), (c), (d)  and  (f)  of
 47    this  section  shall be apportioned eighty-six percent (86%) to the state gen-
 48    eral fund and fourteen percent (14%)  to  the  peace  officers  standards  and
 49    training  fund authorized in section 19-5116, Idaho Code, within five (5) days
 50    after the end of the month in which such fees  were  remitted  to  the  county
 51    treasurer.  That  portion of the filing fees required to be remitted to a city
 52    treasurer for deposit in the city's general fund shall be remitted within five
 53    (5) days after the end of the month in which such fees were  remitted  to  the
 54    county treasurer.
 55        (q)  Of the fees derived from the filing of any divorce action required to
                                                                        
                                           6
                                                                        
  1    be  transmitted to the state treasurer, the county treasurer shall retain five
  2    dollars ($5.00), which shall be separately identified  and  deposited  in  the
  3    district  court  fund of the county. Such moneys shall be used exclusively for
  4    the purpose of establishing a uniform system of qualifying and approving  per-
  5    sons, agencies or organizations to conduct evaluations of persons convicted of
  6    domestic assault or battery as provided in section 18-918, Idaho Code, and the
  7    administration  of  section  18-918(7), Idaho Code, relating to the evaluation
  8    and counseling or other treatment of such persons, including  the  payment  of
  9    the  costs  of  evaluating  and  counseling  or other treatment of an indigent
 10    defendant. No provision of chapter 52, title 39, Idaho Code,  shall  apply  to
 11    the moneys provided for in this subsection.
 12        (r)  In  consideration  of  the  aforesaid  fees the clerk of the district
 13    court shall be required to perform all lawful service that may be required  of
 14    him  by any party thereto; provided, that he shall not prepare and furnish any
 15    certified copy of any file or record in an action except printed transcript on
 16    appeal, without additional compensation as provided by law.
                                                                        
 17        SECTION 3.  This act shall be in full force and effect on and  after  July
 18    1,  2006, and shall apply only to full-time magistrate judges who retire on or
 19    after July 1, 2006.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15901

     This bill would create a funding mechanism to permit the Supreme Court
to purchase additional years of service for certain retiring magistrate
judges.  Under Idaho Code  59-1363, an employer may purchase up to 48 months
of additional membership service in PERSI, at full actuarial cost, for an
employee.  This bill would create a Senior Magistrate Judges Fund which would
be used to purchase additional years of service for retiring magistrate judges
pursuant to a schedule to be established.  The funds would be generated by a
$6.00 increase in civil filing fees.  The purchase of additional service would
provide an incentive for magistrate judges to continue working part-time as
senior judges following retirement, thus providing a pool of senior judges
that will be needed to handle the increasing caseload in the years ahead.



                           FISCAL NOTE

     This bill would have no impact on the general fund.  The $6.00 increase
in civil filing fees would generate approximately $510,000 annually which
would be deposited in the Senior Magistrate Judges Fund.



Contact
Name: Patti Tobias, Administrative Director of the Courts 
Phone: 334-2246


STATEMENT OF PURPOSE/FISCAL NOTE             S 1409